Punishable Insolvency: criminal defense for asset stripping in Alicante
Are you accused of hiding assets or emptying your assets before paying a debt? At Soler Martín Abogados we are specialized in economic crimes such as asset stripping and other punishable insolvencies. We offer legal defense in Alicante with a criminal team expert in corporate operations, seizures and bankruptcy proceedings.
What are punishable insolvencies?
Punishable insolvencies encompass a set of crimes regulated in Articles 257 to 261 bis of the Criminal Code, in which a person or company intentionally reduces or hides its assets to avoid payment obligations with creditors, the Treasury or the Social Security.
The most common is asset stripping, but it also includes conduct such as favoring certain creditors, falsifying accounting documents in insolvency, or intentionally provoking a bankruptcy situation.
Common examples of punishable insolvencies
- Transferring property to relatives or nominees prior to foreclosure.
- Dissolve companies leaving outstanding debts.
- Simulating non-existent loans or debts to reduce equity.
- Selling assets for no or nominal consideration.
- Favor certain creditors to the detriment of the rest.
What penalties does the Penal Code contemplate?
Punishable insolvencies may entail:
- Imprisonment from 1 to 4 years for asset stripping.
- Financial penalties and disqualification from administering other people's property or engaging in commercial activities.
- More severe penalties in the case of a criminal concurrence or if there are aggravating factors such as collective damage or use of fraudulent structures.
How do we defend your case?
At Soler Martín Abogados we study whether the insolvency was real or simulated, if there was fraudulent intent and if the action was prior to a court order or seizure. We also analyze the corporate and patrimonial operations to dismantle the criminal accusation.
It is key to demonstrate that the actions were legitimate, necessary or without intent to harm. It is also possible to propose out-of-court settlements or reach agreements with the prosecution in cases with a weak basis.
Act fast: Anticipation is key in these procedures.
An investigation for punishable insolvency can lead to account blockages, seizures, and even preventive imprisonment if not handled quickly and strategically. The sooner we get involved, the more leeway we have to protect your legal and financial situation.
📍 We are criminal lawyers in Alicante, with coverage throughout Spain.
